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Do Most Car Accident Cases Settle Before Trial?

Posted On February 5, 2021 In Local Car Accidents

If you or somebody you care about gets injured or sustains property damage in a car accident, there is a chance you may incur significant expenses. This can include costly medical bills, lost income, property damage expenses, and more. It is crucial for injury victims to be able to secure compensation if someone else causes their accident, but securing this compensation is not always easy. Here, we want to discuss whether or not most car accident cases are resolved between insurance carriers or if they end up going to trial.

Most Cases Are Resolved With Insurance

Despite what TV shows and movies may show you, the vast majority of personal injury cases are resolved before they go to trial. This includes car accident cases in Texas. In general, car accident claims are resolved through insurance carrier settlements before a personal injury lawsuit is even filed. Yes, there may be some conflict and back and forth negotiations between an injury victim and the insurance carrier, but these claims are usually resolved relatively amicably.

However, there are times when an insurance carrier denies a claim or refuses to offer a fair settlement to an injury victim. In these cases, the injury victim and their attorney may need to file a personal injury lawsuit in order to recover compensation. That said, just because a personal injury lawsuit has been filed does not mean that the case will end up going all the way to trial. In fact, most personal injury civil lawsuits still do not end up going to trial. There will be an extensive period of investigation, discovery, and negotiations between the two parties before a trial date is set. Most claims are settled during this lengthy process and before trial.

What Are the Pros & Cons of Settling Before Trial?

If the two sides cannot reach an agreement after a lawsuit has been filed, it may be necessary to take a case to trial. There are benefits to settling before a trial occurs, but there are also some drawbacks.

The Pros of Settling Before a Trial

Many people settle before their case goes to trial, and the advantages to settling include the following:

  • The victim will receive compensation faster
  • Higher attorney fees can be avoided
  • Settling can avoid multiple court proceedings (hearings, depositions, the trial)
  • Settling avoids an unpredictable jury decision (risk of receiving no compensation at all)

The Cons of Settling Before a Trial

There are various reasons why it may not be a good idea to settle before trial, and an attorney will be able to help an injury back to make these decisions. Some of the negatives of settling a case before trial include not being able to secure the total amount of compensation the victim should receive. Trials can help ensure that an injury victim receives justice and their rightful compensation. Settling before a trial could significantly curtail the amount of compensation the victim receives.

Work With an Attorney

It is highly recommended that all injury victims work with a skilled personal injury lawyer to help with their case. These claims can be unpredictable and complicated. However, a skilled attorney will understand every aspect of the claim and will know whether or not moving forward to trial is a good idea or whether their client should settle.

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